Статьи номера | Issue №31

Articles of the journal issue №3 (31) (3rd quarter of 2019)

All articles in PDF

Yury Iv. Petrov. The development of land routes and transport legislation in Russia in the second quarter of the XIX-th century

UDK: 656(091)

Yury Iv. Petrov - Candidate of History, docent, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Abstract. Based on an analysis of the legal acts adopted by the Emperor Nicholas I, the current paper has examined the measures for the arrangement and maintenance of roads in the country, in accordance with their significance and sources of funding. The subjects of the study are the norms of Russian transport law. The purpose of the study is to identify the main parameters of the transformations that contributed to the improvement of transport legislation.

The paper has shown that the activities in a transport made by Nicholas I were due to the preceded the transport reform made his father Alexander I, during which there were set up a new governing body of the transport industry, a specialized organization and an educational institution. But these measures, due to the limited financial resources in the country, allowed implementing the planned projects only in the field of water communications. It was not possible to pay serious attention to land roads. The active road construction was launched only at the reign of Nicholas I. The paper has emphasized the role of the legal basis of government activities, the quality of which significantly improved with M. M. Speransky’s participation in codification of legal acts.

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Aleksandr V. Kulikov, Nikita Iv. Tyulenev. Features of legal regulation of railway transport in Russia and in the European Union and the necessity to harmonize them

UDK: 347.463

Aleksandr V. Kulikov - Doctor of Law, professor, head of the department of the Law Institute of Immanuel Kant Baltic Federal University, honored lawyer of the Russian Federation

Nikita Iv. Tyulenev - applicant of Candidate of Law, Immanuel Kant Baltic Federal University, leading legal adviser of the Kaliningrad Railways (branch of the OAO “RZhD”)

Abstract. The transport law of any state and the union of states should be by nature an open, limitless harmonized system and be compatible with international norms of transport law. According to the International Union of Railways, the prospects for rail freight transportation largely depend on the desire of different countries to combine their efforts and resources. The elimination of all inconsistencies and formal disagreements will create conditions for free international trade and will implement the ideas of free movement of goods and services throughout the Eurasian continent.

The current paper is an analysis of compliance with the norms of domestic legislation and that of the European Union, which determine the organization features of the railway transport system, the functioning of railway carriers, and the owners of the other enterprises infrastructure.

The paper has presented a comparative legal study of the legislative foundations of the railway companies’ activities, the principles of the transportation market regulation. Due to the objective necessity for integration, this area needs to improve legal regulation and harmonization.

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Nikolay Al. Dukhno. Network education in the transport universities

UDK: 378.018.43

Nikolay Al. Dukhno - Doctor of Law, professor, Director of Law Institute of the Russian University of Transport (MIIT), honorary worker of higher education of the Russian Federation

Abstract. The current paper has presented the features of the network interaction of the transport universities with the practical units of the transport complex based on the current legislation and the guidelines of Russian Ministry of Transport. Network education largely contributes to the development of transport education, providing a new high-quality level of training for specialists having modern transport competencies. The involvement of the transport complex departments in the development and implementation of network educational programs forms a unique educational environment, which is formed by combining the resources of the transport universities with the rich material and technical base of the transport system and its high-skilled production staff. Forming models of network learning, the transport universities increase educational resources, improve opportunities to significantly rise the quality of training. They provide students with the opportunity to simultaneously receive several diplomas and other documents confirming their qualifications and the ability to work efficiently in the structures of the transport complex.

The paper has presented a typical sample of a network interaction agreement between the universities and other organizations.

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Elena Ig. Cheremina. The impact of digital technology on transport industry modernization

UDK: 656:005.932

Elena Ig. Cheremina - Master’s Degree student, Volga State University of Water Transport

Abstract. Artificial intelligence research has had a boom in the past few decades. This happened mainly due to the groundbreaking results of the 1960s and 1970s, including the use of advanced neural networks (NNs). The main area where artificial intelligence is on its peak, is transport. There is no doubt that the transport system is experiencing a huge transformation, and the traditional transport industry is keen into a new development vector using digital technologies. It is important to understand the directions in which national security issues are formed in the field of transport, based on digital transformation and various processes of technical interaction through networks and neural networks, which can pose a threat to national security without proper legal regulation. The paper has discussed the issues related to the impact of information and communication technologies in the transport industry, which can result in rapid and multiple transformations. The transport and logistics sector is experiencing a huge transformation as due to market trends the new technological solutions come into everyday use. As the complexity of modern transport and logistics grows, it becomes increasingly difficult to understand what to focus on in the short- and long-term prospect and what to invest in.

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Aleksandr V. Vlasov, Tatiyana V. Shtepa. To the question of ERP-systems application in foreign economic activity and logistics

UDK: 339.9

Aleksandr V. Vlasov - Candidate of Economic Sciences, associate professor of the department of customs law and organization of the customs affairs, Law Institute of the Russian University of Transport

Tatiyana V. Shtepa - post-graduate, Law Institute of the Russian University of Transport

Abstract. Modern digital technologies have transformed the transportation system and opened up new horizons in its development. The formation of “digital transport and logistics” should be based on the existing transport system framework, but at the same time there should be taken into account changing market and economic conditions. The paper deals with the process of implementing information technology in logistics, while considering the positive results that are reflected in the enterprise activities. The paper has analyzed some aspects of the application of digital technologies of ERP-systems to develop transport and logistics. ERP-systems help companies comprehensively manage working processes. If you correctly identify the tasks and clearly distinguish among responsibility areas, the integration of the ERP-system in logistics will help to obtain significant advantages over competitors.

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Sergey An. Taraskaev. Problems and prospects of forensic research of locking and sealing devices used on freight trains

UDK: 343.9

Sergey An. Taraskaev - Candidate of Law, associate professor of the department of informational technologies in jurisprudence and document supply of management, Law Institute of the Russian University of Transport

Abstract. The paper discusses the current state and prospects of forensic research of locking and sealing devices used in the freight transportation by railway. There has been given statistical information of the Russian Ministry of Internal Affairs on the theft of railway freights committed from 2017 to present. It has been noted that the investigation of these crimes is of great difficulty, since on average 35% of all recorded crimes remain unsolved over the year. There has been considered the general characteristic of locking and sealing devices permitted in the Russian Federation and used in the railway freight transportation. The author makes a conclusion that the expert’s opinion is a reliable source of evidence used in criminal proceedings. The paper has analyzed the objectives of the forensic research of locking and sealing devices, the object and stages of the study. The author has considered the main methods of unauthorized impact on locking and sealing devices. There has been formulated an approximate list of issues that can be solved by trace evidence examination. The author has also come to the conclusion that in order to improve the forensic expert activity on establishing methods and mechanisms for unauthorized impact on locking and sealing devices used in railway transport facilities it is necessary to develop a modern unified integrated methodology. In the author’s opinion the methodology may include uniform recommendations for forensic experts with reference materials on the dismantling algorithm for locking and sealing devices with photographic materials, and systematization of possible methods of unauthorized impact on locking and sealing devices according to the experience in this field.

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Yuriy Yu. Orlov. Identification of corruption-sensitive areas in purchase conducted by OJSC «Russian Railways»

UDK: 347:656.2.06

Yuriy Yu. Orlov - post-graduate, Law Institute of the Russian University of Transport

Abstract. The current paper analyzes the purchase of goods, works and services to meet the needs of state and municipal bodies and enterprises of the Russian Federation, as well as to timely and fully meet the needs of state corporations and companies, entities of natural monopolies, autonomous organizations and business entities in the authorized capital of which the share of the Russian Federation exceeds 50%, which have been carried out in violation of the current legislation despite its necessity to develop the business environment and the competitive commodity market, works and services in the Russian Federation. The purchase procedures in the Russian Federation, as in any other country, are a field for committing crimes both against the interests of state, service and local authorities, and for encroaching upon economic relations and economic activity. The paper discusses corruption-sensitive areas in purchases conducted by the state-owned corporation “Russian Railways” and studies the legislation in purchase procedures. There have been considered the points of view of foreign scientists on the issue of combating corruption in the transport sector and purchases. There have been analyzed the data on the purchases conducted by OJSC “Russian Railways”, and there have been made the conclusions according to the results of the audits in the mentioned company and subsidiaries.

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Viktor V. Koryakin, Elena V. Sandyreva. The outsourcing agreement and the possibility of its application in legal relations to enforce transport security

UDK: 347.4

Viktor V. Koryakin - Doctor of Law, professor, head of the department of civil law, international private law and civil procedure, Law Institute of the Russian University of Transport

Elena V. Sandyreva - post-graduate, Law Institute of the Russian University of Transport

Abstract. The current paper deals with the legal nature of the outsourcing agreement, its features and specificity in the system of civil law contracts. It has been shown that this agreement is one of the unnamed agreements in the Civil Code of the Russian Federation and is an agreement under which the organization transfers some non-essential functions to other organizations that have the appropriate human resources and experience for their execution. There has been given an estimation to the possibility to apply this contractual design to the field of transport security enforcement. A transport organization has an opportunity and a right to fulfill the function of transport security enforcement by concluding a civil law contract (the outsourcing agreement) with legal entities accredited in the established manner (transport security units) that protect transport infrastructure and vehicles from unlawful interference.

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